The case of Sir John Edwards, Knight, appellant from a decree made in the high and honourable Court of Chancery, in a case there depending, wherein Mary Howard, widow, was plaintiff, and the appellant was defendant : humbly offered to the consideration of the right honourable the Lords spiritual and temporal in Parliament assembled.

The case of Sir John Edwards, Knight, appellant from a decree made in the high and honourable Court of Chancery, in a case there depending, wherein Mary Howard, widow, was plaintiff, and the appellant was defendant : humbly offered to the consideration of the right honourable the Lords spiritual and temporal in Parliament assembled.

Table of contents

The CASE of Sir JOHN EDWARDS, Knight, Appellant from a Decrcee made in the High and Honourable Court of Chancery, in a Cause there Depending, wherein Mary Howard, Widow, was Plaintiff, and the Appellant was Defendant: Humbly Offered to the Consideration of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled.

[Page]

The CASE of Sir JOHN EDWARDS, Knight, Appellant from a Decrcee made in the High and Honourable Court of Chancery, in a Cause there Depending, wherein Mary Howard, Widow, was Plaintiff, and the Appellant was Defendant: Humbly Offered to the Consideration of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled.

HENRY HOWARD, Esq being seiz'd in Fee of the Honour of Cl [...]ne, the Mannor of Bucknill, and of other Mannors and Lands in the County of Salop, the 19th day of January 1669; after his Marriage with the Respondist, did settle part of the Premises of the value of 500 l. per. ann. upon her for her Joynture; and the 7th day of December following, did make her a voluntary additional Settlement of other Lands, worth (if in possession) 1500 l. per annum more. Henry Howard afterwards, viz. the 10th day of July 1671, sold to the Appellant for a full and valuable Consideration, really paid the Reversion after three Lives of three Tenements in Bucknill; which unknown to the Appellant, were in the aforesaid voluntary and additional Settlement, and of two small Tenements in the Forrest of Clone, which were not in that voluntary additional Settlement. All which said Premises, were an absolute purchase, without any power of Redemption, either by Word or Writing. Which Premises so purchased by the Appellant (to save charges, and to protect them by Collateral security from incumbrances) were included in the same conveyance with other Lands about that time contracted for by one Mr. Edward Powell, with the same Mr. Howard; but the Contracts were several, and the Tenements purchased by the Appellant, were by the said Powell immediately to be conveyed to the Appellant and his Heirs; and a Draught for that purpose was then prepared, and agreed on, and afterwards was executed by the said Powell.

The said Mr. Powell voluntarily gave Mr. Howard a Note to admit him to re-purchase the Premises by him the said Powell contracted for and purchased. Mr. Howard, after he had supplied his occasions with the said Purchase-money, preferr'd his Bill in Chancery against Powell, and the Appellant to have Redemption from them both, of the Lands by them severally purchased, upon pretence that the said Note given by Powell, did amount to an agreement, that Mr. Howard might re-purchase the same, and Mr. Howard would therein have included the Lands purchased by the Appellant. But it appearing that the Appellants purchase was a distinct purchase from Powells, and so not to be affected with Powell's Note, That Bill was dismist, and then Mr. Howard exhibited a new Bill against Powell alone to redeem the same; who submitting thereto the 6th of July, 26 Car. 2di, the same was decreed accordingly, but without prejudice as to the Premises purchased by the Appellant.

In November 1675, Mr. Henry Howard dyed, and the Appellant having, as he was, and is advised, an absolute and irredeemable Estate in the Premises, and conceiving himself at peace and quiet, did in consideration of a Marriage and Portion, received with his new Wife, absolutely settle the said Lands in Bucknill (inter alia) upon Sir Edward Harley, Knight of the Bath, and Robert Beale, Esq in Trust for the Appellants Wife, for part of her Joynture, and afterwards to the Use of the Heirs Male of their two bodies, and charged with Portions for younger Children; That the Respondist May Howard, Relict of the aforesaid Henry Howard, deceased, claiming part of the Premises, as being comprized in her said volantary additional Settlement, made as aforesaid, brought her Bill in Chancery against the Appellant for a Re-conveyance of all the whole Premises, and a Redemption thereof though absolutely bought and purchased by him, and setled for a valuable consideration as aforesaid, on pretence, that the Appellants having accepted of a conveyance from Powell; and being privy to Powells giving the aforesaid Note, and not opposing the same, ought to be affected thereby.

Whereas,

1st, The Appellants Purchase and Contract was distinct from that of Mr. Powells; the Purchases were treated for severally, and severally paid for.

2ly, Mr. Powell only agreed to admit Mr. Howard to re-purchase what he himself had contracted for, and so the Appellants purchase not comprehended in that Note.

3ly, The Premises purchased by the Appellant, not being included in Powells Note; therefore, though the Appellant was present when the Note was given, yet had he no reason to oppose it, or to desire that to be excluded, which, in truth, was never included therein.

4ly, The Note given by Mr. Powell, was voluntary, and he hath sworn expresly it was so; and that it was to extend only to his own purchase, and not to the Appellants.

5ly, To make a Construction, that the Appellants Lands should be redeemable, because Powell so agreed for his own, is not only against the truth, but a construction contrary to all common sense and understanding: For can any man think it probable, that the Appellant would part with his money, and take only a security of a dry Reversion, after three Lives in being, for the same? Out of what could he expect to be paid his Interest? It would be worthy of enquiry, Whether ever any man lent his money upon a dry Reverson, after three Lives, without something in possession, that might answer his Interest, or some Collareral security for the same?

6ly, The money paid by the Appellant, was the full value of the Reversions, considering the Lives then in being.

7ly, The Appellant on presumption, that this absolute purchase of his, was only a Mortgage, is decreed to re-convey the same free from incumbrances, which is absolutely impossible for him to do, he having for a valuable consideration settled the same on his wife and Children, as aforesaid; so that it is out of his power to perform the Decree, and consequently his Person decreed to perpetual Imprisonment.

8ly, The Respondist is admitted to a Redemption of all the Five Tenements aforesaid; whereas (were the Appellants title but a Mortgage, yet hath the title only to three of them) none of them being in her Joynture, and there being but three of them in her additional voluntary Settlement, the equity of Redemption of the other two (if redeemable at all) being in another person, viz. Mr. Walcott, who purchased Clone, whereof those Tenements are a part, who is neither Plaintiff nor Defendant, and to whose prosecution the Appellant is equally lyable.

9ly, The Respondist is relieved by the said Decree, upon a voluntary conveyance against the Appellant, who is a Purchasor for a full and valuable consideration, and upon account stated by the Master in Chancery, according to the Respondists own values in proofs; the money now due to the Appellant, is more then the Reversions are worth, if now to be sold, although several of the Lives are dead since the purchase; so that the Decree is purely obtain'd for vexation, and can be in no case for the Respondists advantage, yet Decrees an impossibility to be performed; and if not performed, the Appellants person is lyable to perpetual Imprisonment, as aforesaid.

10ly, That the Appellant having the conveyance of the Reversion in his own Name, his Estates for three Lives are Merg'd; which is an evidence of an absolute Purchase, not a Mortgage.

All which it most humbly submitted to the Wisdom and grave Consideration of this Supreme Fountain of Justice, your Lordships in Parliament Assembled. And the Appellant humbly prays Relief according to Justice, and that the Decree aforesaid may stand reversed.

Information about this book

Title statement

The case of Sir John Edwards, Knight, appellant from a decree made in the high and honourable Court of Chancery, in a case there depending, wherein Mary Howard, widow, was plaintiff, and the appellant was defendant : humbly offered to the consideration of the right honourable the Lords spiritual and temporal in Parliament assembled.

Edition statement

1680

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

B02613

ID [STC]

Wing C994

ID [STC]

ESTC R170980

ID [EEBO-CITATION]

51617742

ID [OCLC]

ocm 51617742

ID [VID]

175165

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. B02613)

Transcribed from: (Early English Books Online ; image set 175165)

Images scanned from microfilm: (Early English Books, 1641-1700 ; 2718:7)

Source

— The case of Sir John Edwards, Knight, appellant from a decree made in the high and honourable Court of Chancery, in a case there depending, wherein Mary Howard, widow, was plaintiff, and the appellant was defendant : humbly offered to the consideration of the right honourable the Lords spiritual and temporal in Parliament assembled.,

Extent

1 sheet ([1] p.)

s.n.,. [London :: 1680]. (Caption title.) (Publication data suggested by Wing.) (Imperfect: faded print with some loss of text.) (Reproduction of the original in the Bodleian Library.)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.